The agreement between the Buyer and the Seller may be concluded in two ways.
Before placing an order, the Buyer has the right to negotiate all provisions of the agreement with the Seller, including those amending the provisions of the following regulations. These negotiations should be conducted in writing and addressed to the Seller (Analiti Mateusz Korbas, ul. Prusa 35B/378, 05-803 Pruszków, Poland).
If the Buyer resigns from the possibility of concluding an agreement based on individual negotiations, the following regulations and applicable laws shall apply.
- Personal Data Controller: Analiti Mateusz Korbas, ul. Prusa 35B/378, 05-803 Pruszków, Poland (NIP: 691-241-19-19, VAT-UE: PL691-241-19-19, REGON: 369201988)
- Postal address - first and last name or name of the institution, location in the town (for a town divided into streets: street, number of the building, number of the apartment or premises; for a town not divided into streets: town name and property number), postal code and town.
- The complaint address: Analiti Mateusz Korbas, ul. Prusa 35B/378, 05-803 Pruszków, Poland
- Delivery price list - located at https://en.borntoexplore.pl/page/delivery a list of available delivery types and their costs.
- Contact details: Analiti Mateusz Korbas, ul. Prusa 35B/378, 05-803 Pruszków, Poland, e-mail: email@example.com, phone number: +48-530-750-642
- Personal data - any information related to an identified or identifiable natural person. Information shall not be considered to identify a person if it would require excessive costs, time or action.
- Sensitive data - personal data containing information about racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as data about health, genetic code, addictions, sexual life, convictions, sentences and fines, and other rulings issued in judicial or administrative proceedings.
- Delivery - type of transport service with specification of the carrier and the cost mentioned in the delivery price list at https://en.borntoexplore.pl/page/delivery
- Proof of purchase - invoice, bill or receipt issued in accordance with The Goods and Services Tax Act of 11 March 2004 as amended and other relevant legislation.
- Product card - a single subpage of the store containing information about a single product.
- Customer - an adult natural person having full capacity to enter into legal transaction, a legal person or an organizational unit without legal personality and having the full capacity to enter into legal transactions, making a purchase from the Seller directly related to its business or professional activity.
- Civil Code - Civil Code Act of 23 April 1964 as amended.
- Code of good practice - a set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2, point (b) of the Act on combating unfair market practices of 23 August 2007, as amended.
- Consumer - an adult natural person having full capacity to enter into legal transaction making a purchase from the Seller not directly related to his business or professional activity.
- Basket - a list of products created based on products offered in the store based on the Buyer's choice.
- Buyer - both Consumer and Customer.
- Place of delivery - postal address or collection point indicated in the order by the Buyer.
- Moment of delivery - the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
- ODR platform - an EU website operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
- Payment - method of payment for the subject of the agreement and delivery listed at https://en.borntoexplore.pl/page/payments
- Authorised entity - an entity entitled to extrajudicial resolution of consumer disputes within the meaning of the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended.
- Consumer Law - Consumer Rights Act of 30 May 2014.
- Product - minimum and indivisible quantity of the item which can be the subject of the order and which is given in the Seller's shop as a unit of measure when determining its price (price/unit).
- Subject of the agreement - products and delivery subject of the agreement.
- Subject of the service - subject of the agreement.
- Collection point - a place of delivery of items not being a postal address, listed in the list provided by the Seller in the shop.
- UOKiK Register - a register of authorised entities maintained by the Office of Competition and Consumer Protection under the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended and available at the address: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
- Item - a movable item which may be or is the subject of the agreement.
- Shop - a website available at borntoexplore.pl, through which the Buyer can place an order.
- Seller: Analiti Mateusz Korbas , ul. Prusa 35B/378, 05-803 Pruszków, Poland (NIP: 691-241-19-19, VAT-UE: PL691-241-19-19, REGON: 369201988) registered and visible in the CEIDG register at the address:
BANK ACCOUNT: PL 71 1950 0001 2006 0051 4136 0004, SWIFT: IEEAPLPA
- System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of an end device appropriate for a given type of network, commonly referred to as the Internet.
- Deadline - number of hours or working days specified on the product card.
- Agreement - an off-premises or distance contract within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Customers.
- A defect - both a physical defect and a legal defect.
- Physical defect - non-compliance of the sold item with the agreement, especially if the item:
- it does not have the characteristics that an object of this kind should have in view of the purpose in the agreement as indicated or resulting from the circumstances or purpose;
- there are no properties of which the Seller has assured the Consumer,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the agreement, and the Seller has not objected to such purpose;
- was issued to the Consumer in an incomplete state;
- in case of incorrect installation and commissioning, if these actions were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer, who followed the instructions received from the Seller;
- it does not have the competence provided by the manufacturer or his representative or the person who places the item on the market in the course of his business and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the seller did not know or could not reasonably be expected to have known or could not have influenced the consumer's decision to conclude the agreement, or if their content was rectified before conclusion of the agreement.
- Legal defect - a situation where the item sold is owned by or encumbered with the rights of a third party, and where the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
- Order - a declaration of will of the Buyer placed through the shop specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery of goods, Buyer's data and aiming directly at concluding an agreement between the Buyer and the Seller.
§2 General conditions
- The agreement shall be concluded in the Polish or English language, in accordance with Polish law and these Regulations.
- The seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices given by the Seller are expressed in Euro currency and are gross prices (including VAT). Product prices do not include the delivery cost, which is specified in the delivery price list.
- Any time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit fixed in days shall end with the expiry of the last day, and if the beginning of a time limit fixed in days is a certain event, it shall not be taken into account in calculating the time limit of the day on which that event occurred.
- Confirmation, access, recording, securing all relevant provisions of the agreement in order to gain access to this information in the future shall be in the form of:
- order confirmation by sending to the indicated e-mail address: orders, pro forma invoice, information about the right of withdrawal from the contract, these rules and regulations in pdf version, model withdrawal form in pdf version, links to download the rules and model withdrawal from the contract;
- attachment to the completed order, sent to the indicated place of delivery of printed items: proof of purchase, information about the right of withdrawal from the contract, these regulations, model withdrawal form.
- The seller informs about known guarantees given by third parties for products in the shop.
- The Seller shall not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.
- The Seller shall ensure the correctness of the shop's operation in the following browsers to the Purchaser using the system: IE version 7 or higher, Firefox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. The use of third party software that affects the operation and functionality of browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the borntoexplore.pl store, they should all be disabled.
- The buyer can use the option to store his data in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has the possibility to view, correct, update and delete the account in the shop at any time.
- The seller complies with the code of good practice.
- The buyer is obliged to:
- not providing or transmitting content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the shop in a way that does not interfere with its operation, in particular by using specific software or devices,
- not to take actions such as sending or posting unsolicited commercial information (spam) within the store,
- to use the shop in a way that is not burdensome for other Buyers and for the Seller,
- to use any and all content provided within the store only for your own personal use,
- use the shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the regulations, as well as general principles of netiquette.
§3 Agreement conclusion and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer
should perform at least the following actions, some of which may be repeated many times:
- adding the product to the basket;
- choosing a delivery type;
- choosing a payment type;
- choosing a place of delivery;
- placing an order in the shop by using the "Purchase" button.
- The conclusion of the agreement with the Consumer takes place at the moment of placing an order.
- Execution of the Consumer's order paid on delivery takes place immediately, and the order paid by bank transfer or through the electronic payment system after the payment of the Consumer is credited to the Seller's account, which should take place within 3 days of the order placement, unless the Consumer was not able to fulfill the performance through no fault of his own and informed the Seller about it.
- The conclusion of the agreement with the Customer takes place at the moment of acceptance of the order by the Seller, of which he informs the Customer within 24 hours from placing the order.
- Execution of the Client's order paid on delivery takes place immediately after the conclusion of the agreement, and the order paid by bank transfer or through the electronic payment system after the conclusion of the contract and crediting the Client's payment to the Seller's account.
- The execution of the Customer's order may depend on making a payment of the whole or part of the order value or obtaining a trade credit limit at least of the order value or the Seller's consent to send the order against cash on delivery (payable on delivery).
- Sending the subject of the agreement takes place within the time limit specified on the product card, and for orders composed of many products within the longest period of time from those specified on the product cards. The deadline begins when the order is completed.
- The purchased object of the agreement is, together with a sales document chosen by the Buyer, sent by the Buyer to the place of delivery indicated by the Buyer in the order, together with attachments referred to in §2 point 6b.
§4 Right of withdrawal
- A consumer has the right to withdraw from an agreement concluded at a distance, without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
- The deadline for withdrawal from an agreement concluded at a distance is 14 days from the moment of delivery, and to meet the deadline it is sufficient to send a statement before its expiry.
- The statement of withdrawal may be submitted by the Consumer on the form, a specimen of which is attached as Annex 2 to the Consumer Law, on the form available at /userdata/public/upload/return-form.pdf or in any other form compliant with the Consumer Law.
- The Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the agreement and other if given in the submitted declaration) the receipt of a declaration of withdrawal from the agreement.
- In case of withdrawal from the agreement, the agreement is considered as not concluded.
- The consumer is obliged to return it to the Seller immediately, but not later than 14 days from the day on which he withdrew from the agreement. To meet the deadline, it is sufficient to send the items back before the deadline.
- The consumer shall send back the goods which are the subject of the agreement from which he withdrew at his own expense.
- The consumer does not bear the cost of supplying digital content which is not on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving his consent or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1). Consumer law.
- The consumer shall be liable for any reduction in the value of the object of the contract resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the object.
- The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for additional costs pursuant to Article 33 of the Consumer Law.
- The seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another payment method which does not involve any costs for the Consumer.
- The Seller may withhold the return of the payment received from the Consumer until the moment the item is received back or the Consumer provides evidence of its return, whichever is earlier.
- The consumer has no right of withdrawal according to Article 38 of the Consumer Law:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
- where the benefit is provided for non-profabricated goods produced to the consumer's specifications or to meet his personalised needs;
- in which the object of the service is an item that is rapidly deteriorating or has a short shelf life;
- in which the object of the service is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;
- in which the object of the benefit is items which, by their nature, are inseparably connected with other items after delivery;
- in which audio or visual recordings or computer programs are provided in sealed packaging if the packaging is opened after delivery;
- for the supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines, except for the subscription agreement.
- The Seller, pursuant to Article 558§1 of the Civil Code, fully excludes liability to customers for physical and legal defects (warranty).
- The Seller shall be liable to the Consumer on the terms set out in Article 556 of the Civil Code and subsequent ones for defects (warranty).
- In the case of an agreement with a Consumer, if a physical defect has been established within one year of the release of the item, it is assumed to have existed at the time when the danger passes to the Consumer.
- If the item sold has a defect, the consumer may:
- make a statement requesting a price reduction;
- to make a statement of withdrawal; unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with an item free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled his obligation to replace the item with a defect-free item or remove the defect, he is not entitled to replace the item or remove the defect.
- The Consumer may, instead of the Seller's proposed removal of the defect, demand replacement of the item with a defect-free item or demand removal of the defect instead of replacement of the item, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while the assessment of excessive costs shall take into account the value of the defect-free item, the type and significance of the defect found, and shall also take into account the inconvenience that would expose the Consumer to other manner of satisfaction.
- The consumer cannot withdraw from the agreement if the defect is immaterial.
- If the item sold has a defect, the consumer
- to demand that things be replaced with a defect-free one;
- demand that the defect be rectified.
- The Seller shall be obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer's demand if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or if, in comparison with the other possible manner of bringing it into conformity with the contract, it would require excessive costs.
- In case the defective item has been installed, the Consumer may demand from the Seller to dismantle and reinstall it after replacement with a defect-free item or removal of the defect, but shall be obliged to bear part of the related costs exceeding the price of the sold item or may demand from the Seller to pay part of the costs of dismantling and reinstallation up to the price of the sold item. In the event of the Seller's non-performance of his obligation, the Consumer shall be entitled to do so at the Seller's expense and risk.
- The Consumer who exercises rights under the warranty shall be obliged to deliver the defective item at the Seller's expense to the complaint address, and if due to the type of item or the manner of its installation the delivery of the item by the Consumer would be excessively difficult, the Consumer shall be obliged to make the item available to the Seller in the place where the item is located. If the Seller fails to fulfil his obligation, the Consumer shall be entitled to return the goods at the Seller's expense and risk.
- The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
- The Seller shall be obliged to accept a defective item from the Consumer in case of replacing the item with a defect-free item or withdrawing from the contract.
- Within fourteen days, the Seller shall respond to the following based on art. 5615 of the Civil Code: a statement on the demand to reduce the price, a demand to replace the item with a defect-free item, a demand to remove the defect. The seller will respond within thirty days (Article 7a of the Consumer Law) to any other statement of the Consumer that is not covered by the fourteen-day period laid down in the Civil Code. Otherwise, it shall be deemed to have considered the consumer's statement or request to be justified.
- The Seller shall be liable under warranty if a physical defect is found within two years from the moment of handing over the item to the Consumer, and if the item is used within one year from the moment of handing over the item to the Consumer.
- The Consumer's claim for removal of a defect or replacement of an item sold with a defect-free item shall be time-barred with the lapse of one year, counting from the day on which the defect was found, but not earlier than two years from the day on which the item was delivered to the Consumer, and if the item sold is used, within one year from the day on which the item was delivered to the Consumer.
- In case when the expiry date of the item for use specified by the Seller or the manufacturer ends after two years from the moment of delivery item to the Consumer, the Seller shall be liable on account of warranty for physical defects of this item found before this date.
- Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of price due to a physical defect of the item sold, and if the Consumer demanded replacement of the item with a defect-free item or removal of the defect, the time limit for submitting the statement of withdrawal from the agreement or reduction of price shall start from the moment of ineffective expiry of the time limit for replacement of the item or removal of the defect.
- In the event of an investigation before a court or arbitration tribunal of one of the warranty rights, the time limit for the exercise of the other rights the Consumer is entitled to on that account shall be suspended until the proceedings are finally concluded. It also applies mutatis mutandis to mediation proceedings, with the time limit for the exercise of other warranty rights vested in the Consumer starting to run from the day the court refuses to approve the settlement agreement concluded before the mediator or terminates the mediation ineffectively.
- To exercise the rights under the warranty for legal defects of the item sold, §5 points 15-16 shall apply, except that the time limit shall start from the day on which the Consumer became aware of the existence of the defect, and if the Consumer only became aware of the existence of the defect as a result of a third party action - from the day on which the ruling given in the dispute with the third party became final.
- If due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or reduction of price, he may demand compensation for the damage he suffered by concluding the contract without knowing the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to compensate for damage under general rules.
- The expiry of any time limit for the determination of a defect shall not preclude the exercise of warranty rights if the Seller has maliciously concealed the defect.
- The seller, provided that he is obliged to provide a performance or financial benefit to the Consumer, shall perform it without undue delay, not later than within the period provided for by law.
- The Personal Data Controller is responsible for the lawful processing of personal data and the rules of collecting, processing and storing personal data, as well as the Buyer's rights related to his personal data.
- The Personal Data Controller processes the Buyer's personal data on the basis of consent and in connection with the legally justified interests of the Seller.
- 3. The Personal Data Controller collects and processes personal data only to the extent justified by a contractual or legal obligation.
- The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
- The following personal data is collected for the purpose of processing the Buyer's order:
- Postal address - necessary to issue a proof of purchase;
- the place of delivery - necessary to address the parcel;
- e-mail - necessary for communication related to the order execution;
- telephone number - necessary for the selection of certain types of delivery
§7 Final provisions
- Nothing in these terms and conditions is intended to infringe the rights of the Buyer. Neither can it be interpreted as a print, since if any part of the Regulation is incompatible with the applicable law, the Seller declares that he has strictly complied with and applied that law in place of the contested provision of the Regulation.
- Changes to the regulations and their scope registered buyers will be notified by e-mail (to the indicated at registration or e-mail order). The notification will be sent at least 30 days before the new regulations come into force. Amendments will be made in order to adapt the regulations to the current state of law.
- The current version of the regulations is always available to the Buyer in the regulations tab (https://en.borntoexplore.pl/page/terms-and-conditions). During the order execution and during the whole period of after-sales care of the Buyer, the regulations accepted by the Buyer when placing an order shall apply. Except when the Consumer considers it less favourable than the current one and informs the Seller of the choice of the current one.
- In matters not regulated by these Regulations, the relevant provisions in force shall apply.The consumer may also use equivalent and lawful methods of pre- or out-of-court dispute resolution, e.g. through the EU ODR platform. The Seller declares his intention and agrees to an extrajudicial settlement of the consumer dispute.
As a last resort, the matter is decided by a court of competent local and factual jurisdiction.